Driving Under The Influence of Drugs

Driving Under the Influence of Drugs Penalties

The penalties for a Driving Under the Influence of Drugs conviction are the same as those for an alcohol DUI, except that there is no enhanced penalty based on a high quantity of the substance in the driver’s blood as there is for an alcohol DUI.

The penalties may include:

Mandatory minimum and maximum jail term

A fine plus cost and assessments, including probation fees

An ignition interlock restriction (even though the device detects only alcohol, not drugs)

A license suspension or revocation

A chemical dependency assessment

Treatment if diagnosed with chemical dependency

The severity of the penalty depends upon the number of prior offenses (DUI, Physical Control, or lesser charge originally charged as a DUI or Physical Control) committed within 7 years. A person may also be convicted of a drug-DUI with an allegation that he or she refused blood testing. In this event, the mandatory minimum penalties are harsher than if the person submitted to the blood test.

How Is a DUI-Drugs Case Prosecuted?

It is a crime in the state of Washington to drive under the influence of any drug, whether the drug is prescribed, illegal, or over-the-counter, as long as the person’s driving was affected to “any appreciable degree” by a drug, a combination of drugs, or a combination of drugs and alcohol. Usually, there must be proof of impaired driving or perhaps an accident, involving a driver suspected of having consumed drugs before driving. The law enforcement officer must obtain a search warrant, authorized by a judge in order to obtain a blood sample from the driver. A law enforcement Drug Recognition Evaluator (DRE) may be called upon to administer various sobriety tests to gather evidence of drug intoxication.

At a DUI-drug trial, the officer may testify about his or her observations of:

How is a Drugged-DUI Case Defended?

A knowledgeable DUI-drug trial lawyer may move to have evidence excluded (meaning it cannot be used at trial by the prosecutor). The judge may exclude evidence for a number of reasons, such as if the rules of evidence require exclusion, or if there was a violation of a constitutional or statutory right in obtaining the evidence. If the evidence is allowed by the judge, a talented DUI-Drug trial lawyer will know how to minimize the impact of the evidence and how to show the evidence lacks reliability or accuracy, or is of questionable evidentiary value.

Accused? Our Washington DUI Lawyers Can Help.

Our Washington Drug-DUI lawyers know these cases inside and out. We have extensive training on blood testing methods and shortcomings. Attorney Linda M. Callahan teaches other lawyers how to defend these difficult cases, and has written chapters on blood testing, DRE evaluations and defending drug-DUI cases in her highly acclaimed legal book, the Washington DUI Practice Manual. Contact our office today to speak with a DUI lawyer in Tacoma, Shelton, or Seattle, WA.

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To speak to a team member from our firm and tell your story in confidence, call us at (206) 866-6739 or fill out the form below.

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Summary

Reviewer

Matt

Review Date

2017-06-05

Reviewed Item

MJ DUI Defense

Author Rating

5

DUI Dismissed

I can't thank Linda and her staff enough for getting me through this scary situation unscathed - all I had to do was comply and behave myself. Her knowledge of the system and her legal relationships made it possible to get me out of my DUI completely unscathed after just a 2 year probation period. NO license suspension, NO SR-22 insurance, and NO blow and go. I know that my case may have been a rarity in Washington State, but she was able to make it happen. Thank you Callahan Law!

NG

Brilliant!

Ryan and his team are amazing. I was out of state facing an issue that was haunting me for over a decade. I hired Ryan to sort out my mess and I can’t thank him enough for all his hard work. Because of Ryan’s efforts I have peace of mind and I can move on with my life. To say he far exceeded expectations is an understatement. I recommend Ryan English without reservation.

Ken

Best DUI attorney!

Stephen Grant was professional, straight forward, and compassionate during the worst time in my life facing a DUI. He spoke with me on the phone himself, first time I called, letting me know what I may be facing. Thru each step in this long awful process he advised with very detailed instructions and was always thinking ahead of the game. Stephen truly works hard to get you the best outcome possible for your situation and knows very well the legal process. I was always proud to have him represent me in the courtroom. You can't go wrong choosing Stephen and the rest of his team at Callahan law keep you on top of everything while battling a DUI.

AR

Absolutely Terrific!

Being in the military I was very worried that my case would have huge impacts both in civil court and my military career not only did Megan get be all the way down to Negligent driving in the 2nd degree. She went above and beyond by writing a letter to my commander in the army that explained my situation and that a Negligent driving in the 2nd degree is a non alcoholic offense. Which let to me staying in the army! Would absolutely contact her again if I was ever seeking an attorney.